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Whether you created your current custody plan by agreement or if it was put into place by the court, it is likely that at some point your custody plan or decree will need to be modified. Custody and parenting time is decided based on what is in the best interests of the child at the time the decree is made. As your child grows, his needs changes as does his schedule. What works for a three-year-old does not work for an eight-year-old. Parents’ schedules and lives change as well with new jobs, new spouses, more children, and moves. It makes sense that as your lives evolve, your parenting plan should too.
Either parent can ask the court to modify a custody decree. These are the situations in which you can ask to have a decree modified in Arizona:
- The current custody decree has been in place at least 12 months
- The current arrangement endangers the child’s physical, mental, moral, or emotional health
- Domestic violence, spousal abuse, or child abuse has occurred in the family since the decree was put into place
- The current order has been in place at least 6 months and the other parent has not complied with the order; or
- The custodial parent is a member of the military, is being deployed, and the current plan is not in the child’s best interests.
When considering a request for a modification, the court does a best interests analysis, just as it did in creating the initial custody decree, considering what is best for the child under the circumstances.
The Sampair Group is ready to help you obtain a modification of your custody decree in Arizona. Make an appointment with us in Maricopa County today to meet with one of our skilled attorneys to discuss your case.
